Rome, Georgia - History (part 2 of 17)

When the resolution presented by Smith* was disposed of, which stood 114 for and 2,238** against, Gunter's resolution to pay to the Treasury was next in order. The whole people were called up and the resolution read. Mr. Gunter made a few remarks in its support, when Major Ridge offered an amendment, directing that none of this money should be paid to lawyers. This was seconded by John Ridge, which gave both these latter gentlemen a full opportunity to be heard. They went into a most pathetic description of national distress and individual oppression; the necessity of seeking freedom in another clime; the importance of union and harmony, and the beauties of peace and of friendship; but said if there were any who preferred to endure misery and wed themselves to slavery, as for them and their friends, they craved not such company.

The Indians had, by districts, in files four deep, been drawn up to vote on Gunter's resolution, that they might hear it read, and be counted the more conveniently. But when the Ridges were speaking, all the previous prejudices so manifestly shown by looks appeared to die away, and the benighted foresters involuntarily broke the line and pressed forward as if attracted by the powers of magnetism to the stand, and when they could get no nearer, they reached their heads forward in anxiety to hear the truth. After the Ridges had procured the desired attention, they withdrew their amendment, and the vote was taken on Gunter's resolution, and carried by acclamation. Mr. Schermerhorn then requested each party to appoint committees to meet him and Governor Carroll*** at the agency on the 29th instant. Ridge's party complied. If the other party did, it has not been made known to the commissioner.

I have no doubt, although the money went into the treasury of the nation, (as might have been expected from a general turnout), still, the information communicated in the discussions growing up on the occasion will be attended with the most happy conse-

*Archilla Smith, one of the leaders of the Ridge Treaty party. He is referred to in Gov. Wilson Lumpkin's book "Removal of the Cherokee Indians from Georgia" as Asahel R. Smith, of Lawrenceville, father of the wellknown Roman, Maj. Chas. H. Smith ("Bill Arp"), but members of the "Bill Arp" family state this was an error. The Smith resolution sought to divide the annuity among the tribesmen.

of Secretary of War on Cherokee Treaty (1835), ps. 399-447, lists the voters, with their numbers, to a total of 2,273, but a printer's note states there are only 2,200 names, suggesting that duplications may have crept in. This list gives all who supported the Smith resolution and 2,159 who voted against it, which would make a total of 2,270. The difference of three in two of the totals is the difference between the Currey estimate of 114 aye votes and the table's record of 111 votes.

JOHN ROSS, Principal Chief of the Cherokee Nation of Indians from 1828 to his death in 1866, who fought with admirable courage more than 25 years to keep his people in the hunting grounds of their forefathers.

It is a matter worthy of remark that so great a number of persons of any color have seldom if ever met and preserved better order than was observed on this occasion.

Benjamin F. Currey

BENJAMIN F. CURREY. Supt. of Cherokee Removal and Acting Indian Agent. P. S. - The report required by the regulations will follow this, so soon as it can be made out. Yours,

Sir: Enclosed I have the honor to transmit copies of a report made by Col. C. H. Nelson and Col. Nathaniel Smith, who were appointed in June last by me to take the census of the Cherokees east, in conformity with a verbal request from the Honorable Secretary of War, as well as to comply with the requirements contained in a "circular" dated War Department, Office Indian Affairs, May, 1835, addressed to me a short period before this duty was commenced. Runners were sent over the country, and some of Ross' messages were seen and read by the census-takers, directing the Cherokees not to allow their numbers to be taken.

In 1819 John Ross notified the Indian agent that he had determined to reside permanently on a tract of land reserved within the ceded territory for his use; and in contemplation of the treaty, took upon himself all the responsibilities of a citizen of the United States. Has he not, then, subjected himself to the penalties of the 13th, 14th and 15th sections of "An Act to regulate trade and intercourse with the Indian tribes," etc., approved June 30, 1834?

One thing is very certain, that by sending his messages and holding his talks in the Cherokee settlements, he more effectually disturbs the peace, and defeats or delays the measures of the Government of the United States, than he could if he were the citizen of a

Benj. F. Currey

Sir: Enclosed, I have the satisfaction to transmit to you a certified history of the proceedings of the Running Waters Council, held on the 19th, 20th and 21st instant, to determine how the annuity of the present year should be disposed of.

The names are recorded as the votes were presented on Smith's resolution. But all who were present did not vote on either side, and many of those who were in favor of dividing the money, finding that their wishes could not be cartied, voted it to the treasurer. Some of the voters in favor of a treaty, having claims on the Cherokee nation, voted, and influenced many others to vote, in the same way; so that the vote on Smith's resolutio*n can not, properly, be considered a fair test of the strength of the parties.

Ridge's party is increasing rapidly, and will, by raising the proper means, reach the majority of Georgia, Alabama and Tennessee, long before the adjournment of the next Congress.

P. S. - Ross has failed to meet the commissioners, for Jesuitical reasons assigned. The commissioners addressed him a communication which has produced a proposition in writing from him on the Ridges to bury the hatchet, and act in concert for the good of their country, and inviting them to a convention, to be composed of the intelligent of all parties, for the purpose of considering their natural condition. To this proposition Ridge's party have yielded their assent; but in the meantime they are determined to redouble

At an adjourned meeting, held pursuant to notice from the acting agent of the United States for the Cherokees east of the Mississippi river, for the purpose of ascertaining from the Cherokee people their wishes as to the manner and to whom their present year's annuity should be paid, by common consent it was agreed and resolved that the meeting be opened with prayer, and the Rev. Mr. Spirit and David Weatie** (Cherokees) officiated accordingly.

After the solemnities appropriate to the occasion were performed, Benj. F. Currey, United States Agent, aided by Lieut. Bateman, of the United States army, fully explained the object for which this meeting was called; all of which was again fully explained, in the Cherokee language, by Joseph A. Foreman, the interpreter.

John Ross made some remarks in reply; said he was sorry that the agent had taken occasion to be personal in his remarks, but that he was not disposed to take any notice of these personalities at this time; that he was aware that there was among us a description of persons who were called by party names; this he had not discouraged; that as for himself he was not disposed to quarrel with any man for an honest expression of opinion, for the good of the people (for the truth and sincerity of which he called Heaven to witness) ; and that if gentlemen were honest in . their professions of benevolence, he was ready, at any time, to co-operate with them, when it would appear that they were right and he was wrong.

John Ridge, in reply, stated that so far as he was concerned he, too, discarded party views and sinister motives; that so far as he and those with him acted different from Mr.

**David Watie (or Oo-wat-ie), full-blood Cherokee and only brother of Major Ridge ; father of Elias Boudinot, editor of The Cherokee Phoenix, and of Stand Watie, only Indian Brigadier General of the Confederate army, who did not surrender until June 23, 1865, nearly three months after the surrender of Gen. Jos. E. Johnston. Authority : "Life of Gen. Stand Watie," by Mabel Washbourue Anderson, Pryor, Okla., (1915).

Ross and his chiefs, he had done so from an honest conviction that it was the only way in which the integrity and political salvation of the Cherokee people could be preserved and effected, and that he was at any moment ready to acknowledge Ross as his principal chief when he (Ross) could or would prove to him a better plan. But till then, as an honest man, sensible as he was of the difficulties and hazards of the crisis that surrounded them all, he must act on the suggestions arising out of the case, though it should cost him the last drop that heaved his breast; that he had not understood the agent to indulge in or intend personalities, but his explanations, directed by the law and instructions from the executive, necessarily involved the actors themselves; that he had and at all times would be open to conviction, when better and more conclusive arguments than his own were adduced on the points of difference. But he did not understand why it was, if Mr. Ross' declarations were sincere, that large bodies of Indians had been withdrawn by their chiefs from the ground, and were not permitted to hear. As for his part, he wanted the whole nation to learn, and be able to know their true situation; that he was ready to co-operate with Mr. Ross, or anybody else, for the salvation of his bleeding and oppressed countrymen.

The Rev. Mr. Schermerhorn, commissioner on behalf of the United States, took occasion, after being introduced as such, to rise; read his commission and expressed his satisfaction and gratification at the prospect of an amicable reconciliation of all party strife and animosity, and so far as he might be concerned in their affairs, he did not intend to know any party or distinction of parties; that he only meant to know the Cherokee people east of the Mississippi as one party in this case; and that he would avail himself of the present occasion to request that during this meeting they would select from among themselves a number of delegates, at least twelve or more, or any other number they might deem expedient, to meet him and Gov. Carroll at the Cherokee agency on Wednesday, the 30th instant, to arrange preliminaries necessary to a convention for the adjustment of their whole difficulties by treaty; the basis of which had already been fixed by Ridge, Ross and others, which he presumed they were all ap- prized of; and suggested the importance of naming Ross and Ridge first on said committee. The commissioner then apprized the conductors of the election that he would, with their consent, occupy their time on tomorrow morning, so far as to read over and fully explain the treaty to be offered the Cherokee people for their approval, which was consented to by the agents and the chiefs present; whereupon, Commissioner Schermerhorn retired.

"Resolved, by the council of the Cherokee nation, that in consideration of the poor condition of our people, the aged, the infirm of both sexes, men, women and children, that the present annuity of $6,666.67 be now divided equally to the people, and to the poor particularly, as it is their money, accruing from old treaties with the United States. It is now a great many years since they have received the same."

In support of this resolution. Major Ridge, John Ridge and Archilla Smith spoke at considerable length, to the following purport : The people make a nation; no nation ever existed without a people. The annuity is payable to the nation, and Congress has given to the people full power to dispose of it as they may think proper. Have the people been benefited by the use made of the money heretofore, by their chiefs? Have those chiefs saved the country? Have they restored to you your fields? Have they saved your people from the gallows? Have they driven back the white settlers? No; but on the other hand, have you not lost your laws and government? Have you not been impoverished and oppressed? And are you not bleeding and starving under these oppressions? If this be the fact, is it not time to take that which will give you some relief from want, rather than to vote it to those who can not, or, if they can, will not afford you relief?

All that we insist on is that you exercise your own choice in disposing of this money. It was in our power not long since, when but few attended at the call of the General Government, (last May council, held at Running Waters) to have done as we pleased with this money, but we would not condescend to take advantage of that absence which had been procured by the other chiefs. We preferred to have a full meeting of the people, if practicable, and leave the question to the majority. At that time our application was made to this effect, and agreed to by the agent for the General Government, which has been read to you by him, and interpreted by Mr. Foreman. It is the will of our people and not my will which it is now wished should control this money. While we make this declaration we vv'ish the yeas and nays taken and registered, that all may have an opportunity of understanding the resolution; and that each and every one may vote as Cherokees should learn to vote, independently.

In support of this resolution he made the following remarks : That the nation was in debt; that their faith as a nation was pledged for money; that they had none wherewith to redeem that pledge; that they could not resort to taxation, for in that case the State laws would interfere. He hoped, therefore, they would vote the money to the national treasury.

The Government agents then opened the election to take the vote on Smith's resolution; those in favor, in the affirmative, and those against, in the negative.

The voting on Archilla Smith's resolution being gone through, and on counting the state of the polls, it appears that 114 voted in the affirmative, and 2,159* in the negative; and consequently, Smith's resolution was carried.**

Edward Gunter then called up his resolution. It was agreed by the agents of Government, as well as by the Cherokee people present, that the vote on this resolution be taken by acclamation. Before the vote was taken on Gunter 's resolution. Major Ridge offered the following as an amend- ment of Gunter's resolution: "And that the treasurer of the nation pay the same to such persons of our nation as we owe for money borrowed, and not to the lawyers, which the nation has employed, who can be paid at some other time." In the discussion on this amendinent, Major Ridge and John Ridge displayed their usual strain of eloquence, making a deep impression on a large portion of the crowd, if we take for evidence the rivetted attention and the press forward to catch the words that dropped from them, and more particularly that in the course of that evening and next morning, the number who deserted from Ross's ranks and enrolled themselves with John Ridge and his friends for the western country.

During the course of their remarks they spoke of the false hopes excited and the delusive promises held out by their lawyers; the obligations they were under, first, to discharge debts contracted, for which a valuable consideration had been received by the people, and then afterwards and last, those which had been created without the hope of returning benefits. But discovering that the people had determined to vote down their proposition, it was withdrawn.

After these individuals had spoken generally of the causes which induced them to secede from Ross and his party, and the necessity of an early removal of the tribe, the vote on Gunter's resolution was taken, and decided by acclamation in the affirmative.

July 30, 1835. The foregoing is a correct statement, so far as my memory serves and my knowledge extends, founded upon a constant attention, conjointly with Benjamin F. Currey, Indian agent, to the proceedings of the meeting, as one of the managers.

M. W. Bateman

As Indian agent, under the directions of the War Department, I superintended the foregoing election and proceedings, and do hereby certify that the election was as fairly conducted as the situation and circumstances of the Cherokee tribe would admit of, and that the proceedings and speeches by the chiefs are substantially correct, as detailed by D. Henderson, secretary to the meeting.

I certify upon honor that in the foregoing transcript, detailing the proceedings at the council called and held at Running Waters council ground, Floyd County, Ga., on the 19th, 20th and 21st instant, the votes are correctly recorded and the speeches correctly detailed as to substance.

Daniel Henderson

Sir: I have the honor to inform you that I attended the meeting of the Cherokee council at Running Waters on the 20th ultimo, and my proceedings there I will transmit to you by the next mail. At the close of that council I requested a committee of the principal men from the Ross and Ridge parties to meet the commissioners at the Agency on the 29th ultimo, to see if they could, in conference with each other, agree upon some modification of the proposed treaty which would be satisfactory to all concerned. Ross and his friends did not attend, and the commissioners wrote him immediately to know whether he and his principal men refused to meet them at the place appointed, and also whether they were determined not to accept the award of the Senate, viz.: $5,000,000 in full for the settlement of all matters in dispute between them and the United States, and for the cession of their country. He evaded the last question (as will be seen by his letter, a copy of which will be forwarded to the department), and prevaricated in saying that no notice was given of the meeting at the agency, although it was done in open council. He may, how-

Where The Green Corn Dances Were Held

"The Chieftain's," on the Oostanaula river road, two miles north of the court house, was the home of Major Ridge, and his lawn was the gathering place of hundreds of red-skin braves and their squaws and sweethearts. His ferry connected with the Alabama road, then an Indian trail. Nearby was George M. Lavender's trading post. Early owners included A. N. Verdery, Ferdinan DeBray de Longchamp and Emil de Longchamp, Judge Augustus R. Wright and F. M. Jeffries.

ever, have meant he had no official notice of the meeting in writing. He sent a letter also to Major Ridge and John Ridge, inviting them and their friends to a conference with him and his friends to settle all the difficulties between them, and unite in promoting the common good of their people. This is an omen for good and I have been laboring while here to effect this object. No doubt Ross has been hard pushed on this subject by his friends, and he is convinced that unless a reconciliation takes place, and a treaty is soon made, he will be forsaken by them, and a third party arise, who will unite with Ridge and carry the proposed treaty. I can not now go into detail, but will simply state overtures have been made by several of Ross's friends to unite with Ridge's party if Ross refuses to come to terms on the award made by the Senate of the United States.

It has been thought best by the commissioners not to call a meeting by the nation until November, unless both parties should be brought to agree to articles of the treaty to be submitted to the nation for their adoption. Ross's council meets in October, and many of his principal men have agreed, if he does not come to terms by that time, they will leave him and treat without him.

I have the pleasure to acknowledge the receipt of several communications from the Secretary of War, forwarded to me at New Echota in May and July, and especially the last, containing the letter of Mr. William Rogers, with the answer to it. I respectfully suggest to the Department, should any similar letters be received, whether it would not be best to send them to the commissioners, with such instructions in reference to them as may be deemed necessary, and refer the writers to the commissioners for an answer. I make this suggestion merely to prevent being embarrassed by the crafty policy of the men we have to deal with. It

John F. Schermerhorn

The following- 92** Indians lined up with the Ridge party in support of Archilla Smith's resolution, which if passed would have distributed the $6,666.67 annuity among the common Indians instead of placing it in the national treasury :

The Central Churches Of Rome

The "Hill City" has long been noted for the influence of its religious institutions, and practically all denominations are represented. 1 - The new First Christian edifice. 2 - The

First Methodist. 3 - The First Baptist, in snow of January 27, 1921, minus steeple demolished by lightning stroke in 1920. 4 - St. Peter's Episcopal. 5 - First Presbyterian.

Chapter Iii Ohn Howard Payne

OHN HOWARD PAYNE, author of the famous song, "Home, Sweet Home," and a number of plays, got into a peck of trouble when he came to Georgia in 1835. He w^as plainly unaccustomed to frontier life and the cruel ways of the world. In August, 1833, he had sent out from NeAv York, N. Y., to the newspapers of the country (including Georgia) a prospectus of a new weekly magazine to be published at London and to be known by the old Persian title "Jam Jehan Nima/' or "The World From the Taside of the Bowl." He had announced that he w^ould visit every state in the Union to collect material on the wonders of nature, and also to collect such subscriptions as he could for this departure in journalism. His funds were ample and the newspapers in many instances carried his announcement on their front pages, and commented editorially upon it. He traveled in style, and his own story shows that he was not a partner to rough treatment.

His song having been written a decade before in Paris and sung in his play, "Clari, or the Maid of Milan," at the Covent Garden Theatre, London, he was given quite a reception on his return from the old country to New York ; and in certain of the larger cities on his "experience jaunt" he was received with a rousing acclaim - notably at New Orleans. Into seven states he went before he reached Georgia ; he came to Macon from the Creek Nation in Alabama, and on Aug. 9, 1835, wrote from that city to his sister a long letter, elegantly expressed and describing a green corn dance held by the Creeks, at which a strong fascination was flung upon him by the beautiful daughter of an Indian chief.*

At Macon he purchased a horse and traveled toward Augusta, there to confer with Judge Augustus B. Longstreet,** editor of the States' Rights Sentinel, with regard to furnishing stories of his travels. On the way he stopped at Sandersville, Washington County, and Dr. Tennille, a brother of Wm. A. Tennille, then secretary of state, advised him to study the Indian removal problem. First he went by horseback to see the wonders of North Georgia - the Toccoa Falls, in Stephens County, and the Amicalola Falls, in Dawson County ; visited Tallulah Falls and gazed on Yonah Mountain (White County), from Clarkesville, in Habersham ; inspected the gold fields of Dahlonega, Lumpkin County, and finally went to Cass (Bartow) County and explored the Salt Peter cave near Kingston.

It may be that Payne touched Floyd County on this trip. An old tradition has it that he and John Ross spent a night or so at Rome, and departing for New Echota, camped in a beech grove at Pope's Ferry, Oostanaula river ; and that here Payne carved his name on a beech tree. Also that they were entertained in the home of Col. Wm. C. Hardin, across the river. It is known that Payne stayed with the Hardins and played on the piano for the little girls of the family while they were stationed at New Echota, but nothing yet establishes that he visited Rome and Pope's Ferry.

at "Running Waters," near Rome, but since he did not enter the state until early August, this was impossible. He had a letter of introduction from an Athens merchant to a Floyd County lawyer,* but evidently never presented it. Presently, in September, he shook the dust, from his boots and clothes in Athens, Clarke County, having been taken there by a letter to Gen. Edward Harden, who as a resident of Savannah some time before had entertained Gen. I.aFayette. Payne was received into the Harden home, and quickly fell in love with the General's beautiful brunette daughter, Mary Harden, to whom he gave some handsome Indian relics from his portmanteau, and later wrote a number of impassioned letters telling of his love. Strange to say, neither married, but that is another story. The University of Georgia was in session and Payne and Miss Harden mingled among the students on the campus.

In company with Gov. Lumpkin, Gen. Harden and Col. Samuel Rockwell, Payne set oft for the Indian country in the general's two-horse carriage, and was ready for the opening of the Red Clay Council of Oct. 12 a day or two before it convened. John Ross pressed them to stay with him, and they did so. On Sept. 28 Payne rode into Tennessee, and spent some days at the cabin of Ross. Then he proceeded back to Red Clay, arriving Sunday, a day prior to the council opening.

Here it was that the well-intentioned "Tray" got into company of none too good standing, as the Georgia authorities viewed it, and with Ross was subjected to the humiliation of arrest.** He was taken in custody Saturday at 11 p. m., Nov. 7, 1835, and released Friday morning, Nov. 20, 12y2 days later. Ross was freed Monday

Immediately after he reached "civilization" (Calhoun, McMinn County, Tenn.), Mr. Payne issued the following statement to the press, under date of Nov. 23, 1835 :

John Howard Payyie to His Countrymen - The public is respectfully requested to withhold their opinion for the few days upon the subject of a recent arrest within the chartered limits of Tennessee, by the Georgia Guard, of Mr. Payne, in company with Mr. John Ross, principal chief of the Cherokee nation.

Mr. Payne can not of course identify the state of Georgia with this gross violation of the Constitution of the United States, of the rights of an American citizen, and of the known hospitality of the South to strangers. But as he is conscious that every act which can be devised will be resorted to for the purpose of endeavoring to cover such an act from public indignation, he thinks it due to justice to promise that a full and honest statement shall be submitted the moment it can be prepared.

Payne's own story of his trials and tribulations is best told by himself. vSo far as is known, this account has never been reproduced in any publication except the newspapers and journals that carried it at the time. It was found at the University of Georgia Library, Athens, in the Georgia Constitutionalist (Augusta) of Thursday, Dec. 24, 1835, having been reprinted from the Knoxville (Tenn.) Register of Dec. 2, same year. It sets at rest certain discussions bearing on historic fact, and here it is :

**At the one-room log cabin of Sleeping Rabbit, an Indian underling of Ross. The spot is located at Blue Spring (Station), Bradley Co., Tenn., five miles southwest of Cleveland and eight miles north of Red Clay.

States, giving an account of his abduction from the State of Tennessee and of his imprisonment and brutal treatment in this state by the Georgia Guard. To none of his countrymen is it so important as to those of Georgia to be acquainted with the facts of this outrage. Every man of patriotic feeling within its feel will regret that any power with the semblance of state authority should have acted in such a banditti-like manner toward the amiable and talented author of "Home, Sweet Home" and for the credit of the state will desire that the principal actors may be made to suffer the punishment of crimes so flagrant and disgraceful to the country.

Robert Campbell

(From the Knoxville,* Tenn., Register, Dec. 2, 1835.) John Howard Payyie to His Countryvien. - A conspiracy has been formed against my reputation and my life. From the latter I have just escaped, and very narrowly. I would protect the former, and therefore hasten to acquaint the public with the truth regarding this extraordinary affair.

It has long been known that in August, 1833, I published proposals at New York for a literary periodical. The prospectus stated as a part of ray plan that I would travel through the United States for the double purpose of gathering subscribers and material; and especially such information regarding my own republic as might vindicate our national character, manners and institutions, against the aspersions of unfriendly travelers from other countries. In the pursuit of these objects I have for upwards of a year been upon my joui'- ney. I have visited Ohio, Kentucky, Missouri, Illinois, Mississippi, Louisana and Alabama. In each of these states I have been honored with the most flattering hospitality and support. Some time in August last I entered Georgia on my regular course northward through the Carolinas and Virginia. I was induced by the descriptions I had heard of the beauty of its mountain region to turn somewhat aside from my road in order to seek the upper parts of the State ; for I was anxious in anything I might write hereafter to leave nothing which deserved admiration untouched. I went to Tellulah, Tuckoah, the cave in Cass County, the Gold Region and the Falls of Amacaloolah. A mere accident led me among the Cherokees. The accident was this :

In the course of my rambles I met L)i. Tennille, of Saundersville, a brother to the Georgia Secretary of State.** This gentleman spoke to me of the Cherokees. He suggested that their history for the last 50 years, could it be obtained, would be one of extreme interest and curiosity, and especially appropriate to a work like mine. I knew next to nothing then of the Cherokees. I had been in Europe when their cause was brought so eloquently before the public by Mr. Wirt, Mr. Elverett and others. The hint I speak of led me to ask about them. The more I heard, the more I became excited. I obtained letters to their leading men and went into the nation. Circumstances, however, had induced me to relinquish my first purpose of proceeding so far as the residence of Mr. Ross, their Principal Chief. But I was told Mr. Ross possessed a series of letters which had been sent to him by his predecessor in office, Chas. R. Hicks, detailing memoranda for the

*Judge Hugh Lawson White and David A. Deaderick led a committee for a Payne mass meeting at Knoxville, but Payne declined appearing. He later attended a public dinner. He went to Knoxville via Calhoun and Athens, Tenn.

earlier history of his country, and that he himself had taken up the narrative where it was discontinued by the extending of it to the year 1835. I was encouraged to believe that were I to call on Mr. Ross he would not only readily allow me the use of these manuscripts, but be gratified in an opportunity of seeing them made public. I therefore resumed my original intention and on the 28th of last September rode into Tennessee to the residence of Mr. Ross.

By Mr. Ross I was received with unlooked-for cordiality and unreserve. I felt the deeper sympathy for him because I found him driven by the hard policy against his nation from a splendid abode to a log hut of but one single room, and scarcely proof against the wind and rain. He had a part of the letters by Mr. Hicks, but of a continuation by himself I had been misinformed. He told me, however, that any or all of the documents he had were at my service. I thought if he were disposed to let me take these with me and transcribe them at my leisure, he would have proposed it; but as he did not, I began to make copies where I was - intending to confine myself to very few. My first calculation was to limit my visit to a day, but I thought I should now be warranted in prolonging it three or four; my task, however, detaining me longer than I expected, Mr. Ross urged me to remain until the meeting of the Council. He told me that he could then show me all their leading men. He thought besides that two gentlemen who have made valuable researches into the antiquities and the language of the Cherokees would be present. To the arrival of the Reverend Commissioner, Mr. Schermerhorn, I also looked with interest. I believed him to be the same Mr. Schermerhorn who was in an upper class when I entered college''^; we had been intimate there; I had not met him in five and twenty years, and was solicitous to talk over things long past. In addition to these inducements, I felt a deep attraction in the opportunity of witnessing the last days on their native soil of the nations of the red men. I determined to see the opening of the Council.

My stay with Mr. Ross having been so unexpectedly protracted, of course the range of my collections was extended. In addition to the literature and the anecdotes of the nation I involuntarily became well acquainted with its politics, because I had transcribed nearly all the documents relative to the recent negotiations for a treaty. I thought these curious, not only as historic evidence, but as specimens of Indian diplomacy, more complete than any upon record in any age or country. I confess I was surprised at what these papers unfolded regarding the system used by the agents and pursued by our government, and I thought if the real position of the question were once understood by our own country and its rulers, their ends would be sought by different and unexceptional means. Though no politician, as a philanthropist I fancied good might be done by a series of papers upon the subject. I conceived as an American that it was one of the most precious and most undisputed of my rights to examine any subject entirely national, especially if I could render service to the country by such explanations as peculiar circumstances might enable me to offer. For this purpose I commenced such a series as I have spoken of, but having written one number, I thought I would lay it by for reconsideration, and forbear to make up my mind finally until I saw how matters were carried on at the Council then approaching. The number in question was subsequently put aside and no second number ever written. It was signed "WASHINGTON." The mention was brief and incidental. It was such a paper as we see hourly upon our public affairs, only somewhat more gentle and conciliatory. Among other things, it mentioned of necessity the Georgia Guard. It spoke of their outward appearance as more resembling banditti than soldiers, and alluded to the well-known fact of an Indian prisoner who had hanged himself while in their custody, through fear that they would murder him. I wish the reader to bear this paper in mind, for it will be specifically noticed more than once again; and at the same time let it be remembered that it was never printed** nor made known in any way, but kept among my private manuscripts until the proper season for publication had gone by. Indeed, the very plan of which it was meant for the beginning was ere long merged in an-

*Union, Schnectady, N. Y. Mr. Schermerhorn graduated in ISO!). Payne entered in 1807, presumably in the Class of ISll, and left after two terms and without completing his course.

other. It had been suggested that great service might be done by an address to the people of the United States from the Cherokees, explaining fully and distinctly all their views and feelings. I was told that no one had ever possessed such opportunities as mine had been for undertaking these. I took the hint, and felt gratified in the opportunity of enabling the nation to plead its own cause. I promised to prepare such an address, and if approved, it was to be sent around by runners, for the signature of every Cherokee in the country. I confess I felt proud of an advocacy in which some of the first talent of the land had heretofore exulted to engage. I only lamented that my powers were so unequal to my zeal.

The Council assembled. One of the first inquiries of the Reverend Commissioner was for his former friend; and I felt happy to recognize in the wilderness one whom I had known so early in my life. I accompanied him by his invitation to his cabin. I found him strongly prejudiced against Mr. Ross. He introduced me to Major Currey, the United States' agent. Major Currey, as well as Mr. Schermerhorn, proffered any documents or books or other facilities which might aid me in my search for information. They urged upon me to read some papers they were preparing against Mr. Ross and the Council. I did read them. I entered into no discussion, but then, as at all other times, briefly assured Mr. Schermerhorn with the freedom of an associate in boyhood that I conceived his course a mistaken one, and that I was convinced that it could not lead to a treaty. The same thing had been said to him by many. He replied in a tone of irritation that he "would have a treaty in a week."

"John Ross was unruly now, but he would soon be tame enough," and on one occasion he asked a gentleman connected with the then opposition party in the nation "if the wheels were well greased," and informed me that an address in Cherokee was coming before the people, which I inferred from his words and manner was expected to produce a sudden influence fatal to the cause of Mr. Ross. He also introduced me to Mr. Bishop, captain of the Georgia Guard, whose manner then was perfect meekness. A few half-jocose words passed between Mr.

"It is not that I am from the north that I think as I do," said I, "but because I am jealous of our national honor and prize the faith of treaties."

Mr. Bishop laughed and so did I, and thus we parted. After this I abstained from visiting the quarters of Mr. Schermerhorn, not wishing as the guest of Mr. Ross to expose myself to the necessity of being drawn into irritating discussions. The proceedings took the very course I apprehended. Mr. Schermerhorn's plan defeated himself, and when I next saw him it was upon the council ground; Lieut. Bateman, of the United States army, was standing with me when he came up. The conversation necessarily turned upon the treaty. I repeated my doubts as to the policy of his course, and he again declared he would have a treaty - and forthwith. I asked him for some documents he had promised. He said he would gather them and send them to New York. I pressed him for them at once, because I had already everything from the other side and w\shed the entire evidence, for I meant to write a history of the Cherokees; and added I, laughing, "Don't complain if I use you rather roughly."

"Certainly not," said I; "if you can show that I deserve it;" and he departed in apparent good humor, and I saw nothing more of the Reverend Commissioner.

The negotiation was broken off. The Council adjourned. Mr. Ross pressed me to return to his house, which I did for the purpose of awaiting the journey of a messenger whom he had promised to send some 80 miles across the country* for a complete file of the Cherokee Phoenix newspaper, which, after long search, I had made the discovery and had obtained the offer. During the absence of the messenger I renewed the transcriptions of docu- merits. I also completed the address for the Cherokee nation. It was approved, and measures were to be taken for obtaining the signatures of all the people. It was now Saturday evening, Nov. 7. I had determined on Monday morning to depart, taking in on my road back through Athens the Stone Mountain of Georgia, a view of which had been one of the leading objects of my journey. Some bustle had taken place that afternoon with a person from whom Mr. Ross had purchased his present place of refuge.* The man had returned to plant himself within the boundaries of the estate with which he had parted. Mr. Ross sent out all his negroes and other men to throw up a worm fence and mark his limits; and some dispute was apprehended. It was supposed that the measure was a preconcerted one, for the purpose of showing the Indians that the threat of harrassing the Indians more and more was real. All, however, seemed quiet enough. Mr. Ross and myself were engaged the v/hole evening in writing. My papers were piled upon the table, ready to be packed for my approaching journey. About 11 I was in the midst of a copy from a talk held by George Washington in 1794 with a delegation of Cherokee chiefs. Suddenly there was a loud barking of dogs, then the quick tramp of galloping horses, then the rush of many feet, and a hoarse voice just at my side shouted "Ross, Ross!" Before there was time for a reply, the voice was heard at the door opposite, which was burst open. Armed men appeared.

Our first impression was that there had been a struggle for the boundary and that these men had come to make remonstrance ; but instantly we saw the truth. The room was filled with Georgia Guards, their bayonets fixed, and some, if not all, with their pistols and dirks or dirk knives. An exceedingly long, lank man with a round-about jacket planted himself by my side, his pistol resting against my breast.

And then a scramble began for papers. I had not moved from my place when the long, lank man, whom I afterwards found was Sergeant Young,'''* leader of the gang, began to rummage among the things upon the table.

"Hold you damned tongue!" he vociferated. "You are here after no good. Yours are just what we do want. Have your horse caught and be off with us. We can't stay."

It was useless to reply. I asked for my saddlebags. They said I might take them if there were no arms in them. I said there WERE arms, and my pistols were required. The sergeant took them and was at a loss to manage the straps which confined them under my vest.

This was too much. I turned upon my heel and this unfortunate creature seemed for a moment to feel the reproof, and blundred into the paraphernalia as best he could. A person, whom I afterward learned was merely an amateur in this lawless affair, Mr. Absalom Bishop, a brother of the captain of the Guard, the one commonly called Colonel, was exceedingly officious with Mr. Ross. He insisted on the correspondence, especially the recent letters of the Principal Chief, and was peculiarly pert and peremptory in handling the contents of Mr. Ross's portmanteau. There was another amateur in the affair, Mr. Joshua Holden, a big, sanctimonious-visaged, red-skinned man, whose voice I never heard, but who, from the evening of our capture I saw busy, moving to and fro on all occasions, apparently as a sort of factotum for the dirty work of the establishment.

We set away. The greater number of the horses had been left at a distance in the road. When we were all mounted, our cavalcade consisted, I believe, of six and twenty, Mr. Ross and myself included, and we two were permitted generally to ride together, the Guard being equally divided in

Home Of John Howard Payne'S Sweetheart

"Harden Home," Athens (reconstructed), where Payne visited Gen. Edward Harden in 1835 and fell in love with Miss Mary Eliza Greenhill Harden. In the oval are Indian moccasins, a beaded purse and a shark's tooth presented the young lady by her middle-aged lover. One of the moccasins has been donated to Rome by Miss Evelyn Harden Jackson, of Athens.

front and rear of us. The earlier part of the night was bright and beautiful, but presently a wild storm arose, and then rain poured in torrents. The movements of our escort were exceedingly capricious; sometimes whooping and galloping and singing obscene songs, and sometimes for a season walking in sullen silence. During one of these pauses in the blended tumult of the tempest and of the travellers I chanced for a while to find myself beside the smooth and silky Mr. Absalom Bishop. My mind was absorbed in recollections of the many moments when abroad I had dwelt upon my innocent and noble country. I remembered that in one of those moments I had composed a song which has since met my ear in every clime and in every part of every clime where I have roved. At that instant I was startled by the very air on which I was musing. It came from the lips of my companion. I could scarcely believe my senses. It almost seemed as if he had read my secret thoughts.

My partner simply grumbled that he was not aware that I had written the song; but added knowingly that it was in the Western Songster, and the verses generally had the authors' names annexed.

We halted at Young's. It happened, curiously enough, that the Western Songster was the first object that caught my view upon the table, standing open at "Sweet Home," and fortunately for my character, with the "author's name annexed." I pointed it out to Mr. Ross, and we both smiled. This man Young, at whose house we halted, like others connected with the Guard, keeps a tavern. Excursions of this nature present favorable opportunities for taxing the state for expenses, and I am told they are seldom overlooked. Our band of six and twenty took supper at Young's. They had scarcely entered the room when someone struck up :

And our sergeant landlord sprawled before the fire and began to talk literary. He reckoned I had heard tell of Marryboy. I assured him I did not remember any such author.

Something was said of the Bible, but of that our friend disclaimed much knowledge. He didn't believe he had ever read fifteen chapters, but Marryboy he liked of all things.

mained at home, but most of the residue dashed recklessly onward. Our four and twenty miles through the forest was completed by daybreak. All were drenched in the heavy showers and covered with mud. As we entered the enclosure, the Guard were ordered into line; their musquets were discharged in triumph for their splendid crusade against one little goosequill, and we were directed to dismount. We went to our prison; it was a small log hut, with no window and one door. At one end was what they called a bunk, a wide case of rough boards filled with straw. There were two others on one side of the room, and opposite to them a fireplace. Overhead were poles across, on which hung saddlebags, old coats and various other matters of the same description. In one corner sat an Indian chained to a table by the leg, his arms tightly pinioned. We found it was the son of the Speaker of the Council, Going Snake. They had charged him with refusing to give in his name and the number in his family to the United States Census Taker. He denied the accusation, but his denial went unheeded. He smiled and seemed patient; they removed him and left us the only prisoners, but never alone. The door was always open; the place was a rendezvous for the Guard and all their friends. Two sentinels with musquets loaded and bayonets fixed kept us always in view. The place of one was on the inside and the other on the outside. I was wet to the skin, fatigued and unconsciously sighted. At that moment I saw two of the young men exchange looks and laugh. Throughout the day I heard dark phrases which seemed to betoken some intended mischief. Several people came in to look at us and we were shown the largest bunk, which was set apart for our use, and there we tried to sleep. Presently my saddlebags were demanded, examined and after a while returned.

I heard a guard say that not a soul ought to leave the lines that day, that all were bound to remain as witnesses. Another asked a companion what he would be doing were it not Sunday. The companion made a motion of wielding a scourge and with a grin declared, "That, and glad of a chance, too!"

And then there would be a huddling off to fire pistols, and thus passed the Sabbath. I ought not to forget that in the course of the day I saw Mr. Absalom Bishop talking to some strangers. All stared frowningly towards me and I heard Mr. Absalom as I passed muttering low, "best leave the country."

Towards evening I asked who was the officer in command. I was told the quartermaster. I sent for him, and he answered that he was busy, but would come by and by. When he appeared I asked if he would send a letter for us to an officer of the United States troops at the agency, provided we would pay the cost of an express. He asked why we wanted to send. I said perhaps a message would be returned which might set our affairs right. The quartermaster muttered "That would be rather contrary to 02-ders," gave a puff or two of his pipe and walked away, all the rest in the room following and leaving us for the first time a moment by ourselves.

The long night came. Some ten or twelve remained in our room, the floor being paved with sleepers. I heard an order spoken of that night that nobody was to be allowed to enter that room; but that when the drum was tapped at daybreak, every man was to fly to his gun. Long before morning several got up and sat around the fire, smoking and talking.

Here was a deafening shout of laughter, which was so long continued that they became exhausted, and we had some repose. Somewhere about this time a house in the town had been attacked, as far as we could gather by a mob, and violence committed; but all knowledge of the rioters was denied by the Guard among themselves, though the attack was a constant theme of conversation, and all the particulars connected with it detailed.

The time dragged on most drearily. In a day or two Young returned. He seemed in better humor. He brought me a couple of volumes of Gil Bias and the "Belgian Traveller." He also brought some clothes for Mr. Ross. He said, too, he had my pistols, and I could take them when I liked. He told me he wanted to subscribe for my periodical. He hoped if I ever mentioned him I would speak well of him. I assured him I would speak as well as I could, but I must tell the truth.

I could not help laughing at the excessive absurdity of this, and considered it as a mere dream of the man, whose brain often seemed in the wrong place. At the same time, he told Mr. Ross that the charge upon him was that he had impeded taking the Census. Mr. Ross repelled the accusation vigorously, and required to be heard, and to know his accuser. Young said all he could tell was that Major Currey gave him the order for our arrest; that he had not only a written but a verbal order, and upon that we were taken. What the verbal order was he would not tell to anybody. We asked how long we were to be confined. He said till Col. Bishop re-

I then asked to write the President of the United States. It was refused. I asked to write to the Governor of Tennessee. It was refused. I asked to write to the Governor of Georgia. It v/as refused. I was also denied my request to communicate with my friends at home. I asked Young if he was an officer of the United States. He replied that he was not. Mr. Ross then asked him if he were not an officer of the United States, how he came to obey the order of Major Currey by passing over the boundaries of Tennessee. He replied that in Georgia it was not law, it was all power. I then observed that the rights of an American citizen were sacred. They were secured to him by the Constitution, and that to trample upon them thus wantonly would render his, or any man's situation, a very dangerous one with the people of a country like ours, who must look upon it as their common cause.

In the meantime, a suggestion was made to us in a very unexpected way of a plan of escape. We looked upon it with suspicion, and thought it best not even through curiosity to give it encouragement. It appeared to us that it might be a plan that, even should it succeed, would make us seem in the wrong; and we knew that attempts of that nature, which had not succeeded, had been fatal. We thought it safer to be patient.

I contrived, however, to elude the vigilance of our watchers. I found among my clothes a letter of introduction from one of the first merchants in Athens to a lawyer in Floyd County, Ga. There was blank room enough in it to allow me to turn the sheet and to write inside. I had a pencil in my pocket. While pretending to read a newspaper I scribbled by snatches an appeal to the Governor of Tennessee.* It was conveyed out of the lines to a friend who inked the superscription and made a copy from the inside, which he afterwards gave me, but I have mislaid it. An express with the most kind friendship flew across the country with this letter to the Cherokee Agency, and thence it was forwarded by another express

We now heard that a brother of Mr. Koss and another gentleman had in vam sougnt to see us. We next obtained information that a son and a friend of JWr. Ross had arrived. After much demur Mr. Koss was allowed to speak with his son, provided he only conversed on family affairs. The father and son met at the steps of one entrance to the enclosure. The steps were filled with curious listeners. When attempting to utter a syllable of domestic inquiry to his son in Cherokee, Mr. Joshua Holden sudden^ ly interdicted Mr. Ross from proceeding.

One afternoon subsequently there was an arrival which gave great joy to Sergeant Young. Some guards returned from furlough with Governor Lumpkin's valedictory message, with news that Mr. Bishop had got the better of an old enemy in a street affray at Milledgeville, and that a sort of patron of Young, by the name of Kenan,* had been elected Judge of the Supreme Court of Georgia. At this last intelligence. Young frisked about like a lunatic. He drew my pistols and fired them off in triumph. He whooped, he laughed, he capei-ed. He ran into our room.

I replied that I thought it would have been much better to have found a fellow that would bring it up - it vvas down low enough already. But Young seemed to look upon this election, especially when coupled with the appointment of two of his family connection to high places in the state, as a source of great hope for his own advancement, and was perfectly bewildered with exultation. In the evening, a newspaper was produced, containing Gov. Lumpkin's valedictory message. There were some envenomed passages in it against Mr. Ross. Young had already put it into the hands of Mr. Ross, and then desired me to read it aloud. I objected. I appealed to his own sense of decency, but he persisted and when Mr. Ross united with him, I read the passage and gave the hearers full benefit of this petty triumph over a prisoner in their power.

The next change which occurred was the determination of the Sergeant to post off to Milledgeville. When he communicated this to us, Mr. Ross asked to be conducted with him thither, that he might learn from the Governor of the State why he was detained, and answer his accusers. This was denied, but the sergeant promised he would take a letter. Soon afterwards the polished Mr. Absalom Bishop made his appearance. He had understood from Mr. Young that Mr. Ross wished to addi'ess the Governor. If on seeing the latter, Mr. Absalom Bishop should find it might facilitate the settlement of the Cherokee question, he would himself be the bearer. This seemed to me, especially in an unofficial position, a piece of the most arrant impertinence I had ever heard. I tcok occasion myself at the same time to repeat my request for leave not only to write to the Governor of Georgia, but to the Governor of Tennessee, to the President and to my friends. I received this extraordinary reply:

I pressed to know on what charge I was imorisoned. Mr. Absalom Bishop remarked that I would learn ere long from the proper authority, and added with a simper, "You are not in so bad a fix as Arthur Tappan, for I see by the paners that they are parading him with a halter around his neck."

"Indeed, sir," smiled the gentle Mr. Absalom, "Mr. Payne has for some time been under suspicion as an Abolitionist." And still the charge seemed to me so ridiculous that I could not but join Mr. Absalom Bishop in his smile, and I answered:

Mr. Ross was now supplied with paper, and Mr. Absalom Bishop remained to watch him. When the letter was completed, the Guards were already crowding the dooi-way, their eyes and ears and mouths distended with curiosity. Mr. Ross folded the letter and handed it to Mr. Absalom, who very deliberately opened and read it, and replied he thought it might do; he then went out, followed by Sergt. Young. After a while, both returned. Mr. Absalom Bishop observed that he wished a postscript, more distinctly assuring the Governor that he was desirous of making a Treaty speedily, and that he urged a release forthwith, merely in order to accompany the delegation to Washington and accelerate the treaty. Mr. Ross pointed out a part of his letter which already stated as much ; but Mr. Absalom Bishop thought a postscript desirable, and so the postscript was added and pronounced satisfactory, and the letter and its bearer disappeared. I could almost fancy the genius of this country exclaiming after him, "Oh, Absalom, my son, my son!"

The departure was fixed for the next day, but in the meantime there arose trouble in the camp. Sergt. Young heard a guard complaining of him, and rushed at him with a club. The guard struggled and Young drew my pistol on him. The rest of the troop caught Young's arm and saved their comrade. Young afterwards was grumbling at his failure. "I have paid $1,500 already," said he, "for shooting and stabbing, and I think I can raise another $1,500." He next entertained us with a story of revenge upon a negro slave of his whom he had caught stealing. He had shaved the fellow's ear off close with a razor, "and the damned rascal," added he, "said he never could hear after that, and it was a damned of a while before the place healed up."

I confess it somewhat annoyed me to find my pistols in the constant wearing of this person. I had frequently given him hints after he had promised to return them, but he took no notice. One morning I remarked, "Those pistol straps will be worn out before I have a chance of putting them on." "I reckon not," said Young, "they'll last till spring, I take it."

But now that he was preparing for a long journey and an indefinite absence, I thought it expedient to request their return explicitly. He demurred; would take it as a great favor if I would lend them to him. He would be back long before I could get out; he would do as much at any time for me. Then suddenly recollecting himself, he said: "I know I've behaved like a damned mean man to you." "Yes, you have," replied I; "you struck me." "I know I did, and I've hated it ever since." "I never named it," I replied, "but I never forgot it." "But you'd better let me have the pistols. I'll buy them - what did they cost?" I

The pistols were eventually sent out of the lines to a son of Mr. Ross, from whom I have since obtained them; but their withdrawal seemed to sink deep into the Sergeant's mind. In speaking of it to him I remarked: "My own things may as well be under my own command. I did not seek the pistols because I thought them of any great importance as a defense; whatever may chance, I suppose our lives are safe enough."

Soon afterwards, another conversation arose. "Did I understand you rightly," observed I to the Sergeant, "or were you only joking when you said a while ago that our lives were in danger here? You surely could not mean that we are in danger."

"You see the sort of company you've got into," replied he; "I can't answer for anybody when I'm once away. However, there's one honest man here and I'll put you under his charge. Riley Wilson's an honest man. I've plenty of enemies in these lines, but I'll not be made an instrument of by any man. When I go away now, I'll wash my hands of the whole concern. No man shall make me an instrument. I'll not bear the whole brunt of this affair, I'll assure you."

I made a very serious appeal to him, but he took no heed of it, nor did he recall his words, but left us thus for Milledgeville. He had not long been gone when I chanced to fall into conversation with a young man of the party, and asked him if there was any prejudice afloat against us. If there was, I should be glad to know what it was and whence it arose. He in- (luired why I made the question. I told him Young's assertion of our being in danger. It flew like wildfire through the lines. The room was filled in an instant and I told the whole story, which was confirmed by Mr. Ross. Some proposed to pursue Young immediately, tie him to a tree and "give him the hickory." Others threatened to fling him over the lines whenever he should return. I assured them I did not believe he meant more than to annoy us; but they declared he was too fond of tormenting prisoners; that there was no person there at all inclined to impose on a prisoner but Young, and it was time he be taught better or withdraw. They asserted there was not a man on the hill but respected both of us, and we might rely on their support. The burst of good feeling that appeared on this occasion convinced me that most of those persons, in conscientious hands, might be moulded into valuable characters. It is their misfortune to be governed by men whose fitness may be gathered from the facts I have detailed, and youths, as many of them are, of unformed principles and habits, can not but be endangered by such directors, especially as their captain, for electioneering purposes, cajoles them into a blind devotedness to him and to anything he may propose, no matter how outrageous.

They now seemed for a moment to feel how much their reputation had been darkened by their leaders. "Yes, this is the way that that Indian lost his life. He was told by a man that talked Cherokee that the Guard meant to come in during the night and cut his throat, so he hanged himself on the pole there that crosses at the foot of your bed."

In the afternoon of this day there came a great and unexpected revolution in the affairs of our little world. There was a sudden announcement of the arrival of the Captain-Colonel Bishop. An express was instantly sent off to recall Young and Absalom Bishop, with their letter, from Milledgeville. Next morning at breakfast time the mighty chieftain appeared. He is a dapper and well-dressed and well-made little man, with a gray head and blue coat, well brushed, and bright yellow buttons. I had already remarked that this Bucephalus seemed trained to curvet and plunge like circus horses, with a great show of mettle, but perfect safety to the rider. In manner his grandeur was somewhat melodramatic.

I have seen Napoleon Bonaparte, I have seen the Duke of Wellington, I have seen the Emperor Alexander, the Emperor Francis, the King of England, the King of Prussia; I have seen Ney, Rapp, Blucher, Swartzenburg - in "short, I have seen most of the contemporai-y great men of Europe, as well as America, but I have never yet seen quite so great a man as the Tavern Keeper, Clerk of the Court, Postmaster, County Treasurer, Captain, Colonel W. N. Bishop. He was now no longer the meek Moses of the Council Ground. He was all emphasis and frown to the poor prisoners in his power, but with a peculiar affection to his men of bonhomviie. He came into the mess room, exclaiming, "Ah, boys!" (for boys is the cant word by which they speak to and of each other in the lines). "Ah, boys, how are you?" and he walked around shaking hands with each of the boys, but to both of us he was especially cold and formal ; to me he scarcely even deigned a specific nod.

Mr. Ross expressed a wish, through one of our sentries, for an interview, but no notice was taken of the request. On the evening of that day, as I was walking to and fro before my prison, reading, a voice bawled out, "Mr. Payne, that was a mistake of yours about what I said," and I saw Young bearing down upon me, flourishing a club. Someone called to the sentry, "Guard your prisoner!" and the sentry closed up towards me on one side, putting his gun in readiness for action, and about 30 of the Guard now drew nigh on the other. I did not conceive that there was any intention on the Sergeant's part to do mischief, although the Guard thought otherwise, and declared if he had struck, it would have been the unluckiest blow of his life. He attempted to deny a part of his words and then to explain them away, but he saw it was of no use, and so the matter ended.

The Sergeant's revenge, however, was rather amusing. He said Mr. Ross and I should turn out of the bunk of which he was part owner. The men laughed and gave us one of theirs. Here is another instance of their superiority to their officers. If we were state prisoners, however, we ought not, for our miserable straw, to have been dependent, either upon the men or upon the Sergeant.

Somewhere about this time a very extraordinary incident took place. A Dr. Farmer came into the room with one of the Guard. After sitting a while, he looked at me and said:

The doctor mused for a while and then departed with the Guard, leaving Mr. Ross and me alone. I observed, "This is a strange business. I think that man has something to communicate which may be important, and he wished to know if I could speak

Mr. Ross asked me what he had said. I replied that he only asked if I understood French, and I answered that I did, but was an American. Mr. Ross observed that he knew nothing of the man, but had heard bad stories of his connections. It then occurred to me that the doctor had merely meant to try his French upon me, and had soon got to the end of his stock. Nor did the scene return to my memory until I heard, on my liberation, that he had become one of my most formidable accusers; that he had said I confessed to him that my parents were French, and that I myself was an Abolitionist! The doctor must be within reach of this narrative. If he is innocent of the falsehood, it is due to himself to seek and expose the inventor.

The next thing we heard, Mr. John Ridge was in the enclosure and closeted with Col. Bishop. It was said that he was at first denied an interview with Mr. Ross, but at length Mr. Ross was sent for to meet Ridge and Bishop. After a few words. Bishop suddenly arose and left them together. When Mr. Ross returned, he exclaimed, "It's all out now; we are both Abolitionists and here for a capital offense. We are the agents of some great men, Mr. Clay, Mr. Calhoun, Judge White, Mr. Poindexter, and the Lord knows who; and we have both plotted in concert with them to raise an insurrection among the negroes, who are to join the Indians against the whites!"

In the evening Mr. Ridge had another interview, and on Monday, Nov. 16th, all were closeted for some hours. About four, Mr. Ross entered the room with a bundle in his hand.

"I've got my papers!" exclaimed he, and dashing them into the bunk, we went to dinner. Bishop and his brother sat opposite. They were silent, and all the party appeared nettled. I will do the brace of Bishops the justice to own that they both, from first to last, seemed in their hearts ashamed to meet my glance, notwithstanding much outward swagger. When dinner

I walked back to my prison. Mr. Ross, after some time, came for his things. He said he was under the necessity of getting home that night; told me to make myself easy - all would come out right.

Mr. Ross seemed in haste. I imagined he had been interdicted from communicating with me, and therefore asked no explanations, especially as the sentry was watching; nevertheless, I requested he would solicit an interview for me with Bishop, and ask a speedy examination of my papers. He went out and after some conversation with Bishop came back, and stated that Bishop had business that afternoon which would prevent his attending to me, but the next day (Tuesday) he would see me; and then my companion mounted his horse and left me alone and with feelings and under a suspense and doubt by no means to be envied. This event, I observed, produced an instantaneous effect upon the manner of the Guard towards me; but ere long some of them seemed to feel a deeper sympathy than ever, and were marked, though silent, in their civility. Others were unusually rude. One man in particular, who was to have been a sort of ruler during Young's intended stay at Milledgeville, became very coarse.

"Here!" he bawled one day across the yard to me, after I had been forgotten at the first table for dinner. "Here, you old prisoner you, come along and eat!"

At one time I apprehended an intention to increase the rigor of my treatment. I heard one of the officers calling for the Indian chain. "Where's the Indian chain?" This is a chain they keep expressly for the Indians, and the captive we found there, having been dismissed, as he was taken without law or reason assigned, the chain had been thrown under one of the bunks of our room and had been

The bludgeon, axes and short shaft spear at the top were used for war and other purposes. The pestles in the center were employed to grind corn in wooden mortars. 1 he bowl was unearthed on the E. J. Moultrie farm in the Coosa Valley and the arrow heads picked up In bottom lands and on hillsides here and there.

Although friends and acquaintances were rigorously excluded from my prison, there seemed no exclusion of any one who came out of mere curiosity. A drunken countryman staggered in one day. I was reading.

I told him John Ross was gone. After a while he gave me a knowing wink and touched my elbow. "Aye, aye, mighty good books - I like 'em, too. I'm all for the ablutions." I asked him what he meant. He then hinted that he had heard that John Ross was one of the ablutions, and so was he. I interrupted him; told him he was mistaken in John Ross; that I presumed I was "the other fellow," and that the story he had heard against us was all an invention, and if he wanted ablutions, as he called them, he must look for them elsewhere.

He begged a thousand pardons. The Guard then said it was against orders to talk to the prisoner, and my friend of the ablutions reeled out, bowing and hoping he "hadn't given no offense to nobody, only he did just want to have a look at the ablutions."

The time began to drag on more drearily than ever. I had read up all the books. I had no pen nor ink, nor paper to write with. My only amusement was parading before the door and mentally composing a doggerel description of my captivity, of which even the little that I remembered is not yet committed to paper. Scenes of extreme confusion were occurring hourly in my den. The evenings were almost insupportable. The room w^as thronged. A violin was tormented into shrieks and groans which were nicknamed music; there was dancing and singing until tattoo; and after that, conversation which exceeded in vulgarity, profanity and filth anything I ever could have fancied. Almost the only exceptions which in the least could amuse were these:

One day the sentry who was guarding me in a ramble round the grounds made a sudden halt, and dropping his musquet abruptly, stared me fiercely in the face.

The man looked astounded. He stood a while motionless, then took up his gun. "Go on!" cried he, and we proceeded in silence, he no doubt imagining that I had made a full confession of my sins.

One evening the importance of knowing how to spell was discussed. "There's no use in it at all," said the oldest of the party, "because there's two ways to spell everything."

to the men and settling accounts; and the men themselves were engaged in trafficking and settling up their little bills among themselves, and swapping. From first to last they had been wishing to swap for everj-thing I had - my knife, my pistols, my horse, my saddle, my watch; in short, everything seemed to tempt them, but above all, a buffalo hide which I used over my saddle. My watch was a perpetual torment to me. Every five minutes, sometimes for hours, I was teazed to tell what o'clock it was; and at night I was desired to hang up my watch that the two sentinels might regulate their movements by it. Some of the Guards borrowed money from me, but except for a trifle, which was only u-ithheld, probably because my sortie was unforeseen, all was punctually repaid. During all the remainder of the time, Bishop and his brother avoided meeting me at table or elsewhere. And now all pretense of business appeared at an end. Everything of that nature seemed to wind up with an auction, in which the Captain-Colonel performed as Auctioneer to his men. Some rifles belonging to Indians who had been shot in attempting to escape capture were bid off; then a coat; then the "boys" were asked if they had anything else which they desired to sell, and then the "gentlemen"' were thanked for their attention, and dismissed. After this the Captain-Colonel seemed closeted upon secret business. I inferred from some circumstances that he was making copies from among the manuscript documents I had transcribed regarding Cherokee affairs. They were mostly the same with the papers returned to Mr. Ross, but fairly written and arranged in order and therefore most convenient for a transcription. During this employ, a fine of S20 was proclaimed against any guard who should approach the door of the sanctum sanctorum, and a sentinel was ordered to keep watch and prevent intrusion.

All that I heard from without during the week was that Mr. Ross had sent a messenger, who was prevented from seeing me; and a guard apprised me that he had been requested by this messenger to say "my friends had not forgotten me; in a few days all would come right."

I learned afterward that this informant had proffered to convey to me letters or papers, and a note was consequently given to him, but it never came to hand. I had been told that

Mr. Schermerhorn was expected about this time, and I knew that if we met, decency would have rendered it imperative on him to bring about my release. I asked Young, and he pretended not to know when the Reverend Commissioner would appear, but observed "he knew all about it, for news was sent off to him at once."

On Friday morning, Nov. 20th, Sergeant Young told me he was going to his home. I had already understood that Col. Bishop was preparing for a trip to Milledgeville. Young had several times bantered me about "when I expected my furlough" and "why I didn't get on my horse and ride off." He repeated his jeers this morning. He asked me if I had not seen the Colonel yet. I replied no; expressed a wish to see him and desired Young to name my wish.

"The Colonel's got nothing agin you that I know of, except something you writ about us in Lumpkin." I replied I had written nothing in Lumpkin. "Well, then, in Habersham, when you was up there at Clarkesville."

I said that was equally a slander and asked as a point of common justice, at least, to be shown the articles I was accused of having written. But Young evaded the request by saying, "At any rate, you wrote a letter where you called the Guard banditti, for we found that among your papers; and vou ought not to have wrote such a letter."

"Have I not a right to make what private notes I please? The paper you speak of was never published. Even though it had been, no one can be justified in complaining of me for only exercising a privilege guaranteed to me by the constitution of my native country. But it was not published and could form no part of the cause of my arrest, nor of the pretext for my detention."

"I mean to keep them letters," said Young, "in case you should ever print anything if you ever git out, so as to prove it agin you. I don't give them up. You oughtn't to have said the Guard looked like banditti."

It was not above half an hour after this when I perceived preparations for something unusual. The men were all summoned to be ready at the roll of the drum. My horse was ordered out, as I understood, to be taken to water. But I was convinced from many signs that I myself was the object of the mysterious movements. A son of the

Colonel kept staring around at me with intense curiosity, and many others looked on in silence, as persons look upon any one about to undergo some terrible ordeal. The Colonel's horse was saddled and put in readiness, and another horse was also prepared, and Mr. Joshua Holden appeared, equipped for a campaign. At length the drum beat. I heard the sergeant say, recommending some one to the Captain-Colonel, "He may be trusted."

And now one of the Guard ran to me: "Your saddlebags, your saddlebags." "Why?" "You're going out." I went to the bunk. "Is there not some mischief intended?" asked I. "I can't tell, but you'd better make me a present of that buffalo hide." "No," answered I; "it was given to me and has been too good a friend to me in trouble." The guard took the saddlebags and buffalo skin, and with it a very large and cumbersome cloak and some loose clothes. I found them heaped upon my horse. "The straps to fasten these are not here." "I can't help it," was the answer. "Get on, get on!" "I can not over this pile of things." "You must." "This is not my bridle ; mine was a new one and double. Where are my martingales, my straps?" "Get on, get on!" I was compelled to mount, and the mass of unfastened things was piled up before me; the saddle was loosely girted, and the horse was startled, and, as if on purpose, covered with mud. I still claimed my bridle, but was conducted in front of the paraded Guard, he who led my horse muttering as he went, "That's the bridle they said was yours."

The Captain-Colonel stood in front of his men. "Halt your horse there, sir, and beware how you speak a word." I attempted to speak, but he shouted :

And I did not speak, but I did look upon the men, and if ever I compared them in appearance to banditti, the glance of that moment made me feel that I ought to ask of any banditti the most respectful pardon. Spirit of Shakespeare, forgive me too ! For if thy Falstaff and his ragged regiment

"You've come into this country to pry, ever since you arriv, into things you've no business with. You're a damned incendiary, sir! You've come into this country to rise up the Cherokees against the whites. You've wrote agin these worthy men (pointing to the Guards). You've wrote agin the State of Georgia. You've wrote agin the gineral Government of the United States. Above all, sir, you've wrote agin me! Now, sir - "

Then turning with an aside speech to some bystander, I think it was Mr. Joshua Holden, "Hand the things," said the Captain-Colonel, and a bundle with a loop, carefully prearranged so as to let the arm through, was given to me.

"Xow, sir, take your papers; hang 'em on your arm, sir, and I order you to cut out of Georgia. If you eVer dare agin show your face within the limits of Georgia, I'll make you curse the moment with your last breath. With your foul attacks on me you've filled the Georgia papers."

I could not well endure to hear assertions so utterly unfounded, and took advantage of the pause of the eloquent Captain-Colonel for breath, and exclaimed rather vehemently:

"Hold your tongue, I say," resumed my jailor. "The minute you hear the tap of the drum, I tell you to cut out of this yard, and I order you never while you exist to be seen in'this state of ours any more, for if you are, I'll make you rue it! Let this be a lesson to you, and thank my sympathy for a stranger that you've been treated with such extraordinary kindness; and now, sir, clear out of the state forever, and go to John Ross, God damn you!"

I looked on this pitiable exhibition with more of passion than resentment, and it seemed to me as if most of the Guard felt sorry for their leader. Never before did I so forcefully realize the truth of that beautiful passage - slowly from the place, because I had great difficulty in retaining the things that had been piled upon my horse. When I got outside the lines, some of the affairs dropped off, and I stopped to ask a person to hand them to me, and at the same time to inquire the route to Big Spring.* On turning a corner a stranger told me I had better stop and dismount and arrange my baggage; and just then a gentleman called to me that he wished a word with me, and approached. He said he had a letter for me. I asked him the direction towards the residence of Mr. Ross. I saw that the letter he handed me was from Mr. Ross, and related to my route. At that moment Col. Bishop and Mr. Josiah Holden dashed up like fiends. Bishop cursed me, threatened me, if I dared speak to any "damned Nullifier," and menaced to make an example out of me if I did not get out of the State. I paused to return the letter and to ask the road, but my pursuers continued to execrate and to roar. I went on and for the last time had the honor of again hearing the Colonel's eloquence, in a volley of oaths as he passed back towards the camp, threatening my life as a "damned old rascal" if he ever caught me daring to speak to another man in Georgia.

I turned abruptly, entirely ignorant of the way, into a little wood. Descending a slippery spot, my horse, which had been startled by the rushing of the pursuers, stumbled. The saddle, which had been scarcely girted on, turned, the large cloak caught around his legs and I found myself equally entangled in its folds with the horse, one of whose fore hoofs was planted on my breast. He snorted and stood in a sort of stupor of amazement, his mouth open and almost touching mine, his ears erect, his nostrils distended, and his eyes staring wildly into my eyes, for at least a minute. It is singular enough that I felt not the slightest sense of danger or even uneasiness; I only thought it best to remain quiet until I found what the horse meant to do; and then I took his hoof, lifted it aside, disengaged myself, arose and with some difficulty got my cloak from around his limbs. He did not even stiffen a joint when I lifted his foot from my breast, nor did I feel, while it was planted there, the slightest pressure, although the form of the hoof was by the red clay in which he had been tramping, so strongly defined upon my shirt bosom that it might in New

England have answered for a sign to keep away the witches. But no sooner was the danger wholly past than I felt feeble and faint and perfectly unmanned. I had never, from the beginning to the end of my misadventure, experienced any sensation like that which now came over me.

I could scarcely move. Before me there was a muddy streamlet across which there arose a hill with a hut at its top. I determined to walk up to that hut and there seek assistance in adjusting my things for a journey, and purchase cords or straps of some sort. But I could scarcely drag my horse through the stream. He was ravenous for water and kept me standing in the middle of it while he drank. The woman of the house was much agitated by my appearance. She asked, trembling and in tears "if the Guard would not come to her and hurt her for speaking to me." She seemed exceedingly anxious for me to get out of sight. I answered that I could not think they would be so brutal. I now found that my buffalo hide was missing. I promised to pay another woman for going back to look for it, as it must have fallen close at hand. She returned presently and said it was not there.

I had by this time secured my things with ropes. In paying the one woman I gave silver to pay the other. I could not help being struck by the circumstance, under all this alarm at the hut, of my being called to by the one of these people who had failed to accomplish her errand, to know whether I had left any money for her too.

It so chanced that I got upon the direct road to McNair's, some 15 miles off and within the chartered limits of Tennessee. It is an Indian family. Nothing could be kinder or more cordial than my reception and treatment, notwithstanding the strong probability they fancied of my being still pursued thither for fresh torment by the Guard. They looked upon me as one risen from the dead. At McNair's I was for the first time fully apprised of the dangers which had beset me and which were still to be dreaded. I found that during my thirteen days' captivity the most industrious efforts had been made to excite the country against me as an Abolitionist and a Foreign

*Now in Meigs County, Tenn., 25 miles north of Blue Spring. He was trying to reach the latter after he was liberated, hoping to rejoin Ross.

Emissary. The most important step had been already taken. The minds of the country people had been familiarized to the expectation of my being hanged, and they only waited for notice to assemble and enjoy the execution. The wife of a tavern keeper at Spring Place was reported to me by a traveller as having been heard to say I was a "very bad man," I was "sure to be hung," and one man had been hung thereabouts before for much less than I had done. I deserved the gallows and she herself would see me swinging with much pleasure - that she would, "wicked thing that I was!"

This may be taken, I presume, as a fair specimen of the sort of excitement which had been got up. Those best acquainted with the neighborhood and with the spirit prevailing looked upon my situation from the first as the more perilous of the two; but when I was found to have been detained after Mr. Ross, it was considered as altogether desperate. That this was no idle belief may be inferred from a fact of which I was afterward advised. A paper, belonging, as I understand, to a friend of Bishop in Cassville - the only paper of the region through which it was my long avowed plan to return - had sent forth the following tissue of impudent falsehoods, during the earlier days of our captivity, and the poison had taken effect :

"Report," says the Cassville Pioneer of Nov. 13th, "has just reached us of the apprehension by the Georgia Guard of John Ross, together with a gentleman from the North. They were pursued by the soldiers stationed at Calhoun, Tenn., as far as the line of this state, where the chase was taken up by the Guard, who succeeded in overtaking them at an Indian's by the name of Sneaking Rabbit. The crime with which they are charged seems to be an effort, making by them, to arouse the Cherokees and negroes to the commission of hostilities on the white citizens of the Cherokee country. If information be true, the papers found in their possession go far to prove the hostility of their designs. Their communications had in a great measure been carried on in the French language. For want of a knowledge of that language, the Guard was unable to comprehend fully their designs. Time alone can develop the truth of the report, but we trust for the peace of the community at large that it may

On discovering these reports, I felt some anxiety to examine the papers myself, wondering what could have created the French part of the charge. I looked among the manuscripts returned. The French papers which have puzzled the Captain, Colonel and the i-est seem to have been these: A numeration table, in Cherokee, by George Gist, the native inventor of the Cherokee alphabet; a specimen of Gist's handwriting in Cherokee and in the characters he had invented ; an account of his life, also in the same language and characters, and written by his relation, George Lowry, second principal chief; and a literary composition by Mr. Lowry, in Cherokee words, but English letters, which I preserved as a remarkable curiosity, because Mr. Lowry had never learned to read or write in any way, until after he had attained in age nearly half a century.

These were the French letters. This was the French plot. And I have reason to believe that in their eagerness to get some evidence against us the wiseacres by whom we had been kidnapped sent far across the country for some learned Theban to translate the aforesaid French out of the original Cherokee!

My other papers consisted of transcripts of public documents, a book of private memoranda, some specimen copy books from the Missionary School at Brainerd, appeals, the latter already mentioned and never printed, signed "Washington," and the address which I had drawn up for the Cherokee Nation to the people of the United States. The former of these was not returned to me. If stolen, I can not conjecture wherefor. If it had been returned, although the publication had not been intended, events would have induced me to have enabled the public to judge of it, as I now enable them to do of the other paper*, which was meant for circulation, and only restrained by its seizure and our detention from being sent round for signatures by all the people. My countrymen will find it annexed. It will show them how far my accusers have been justified in attempting my destruction as an exciter of the Cherokees to rise and murder the whites !